THE MATH FORUM @ Drexel

PROBLEMS OF THE WEEK

SUBSCRIPTION SERVICES AGREEMENT

(If you are under the age of 18, you must get your Parent, Guardian, or Teacher to Register you. You cannot agree to this on your own.)

Important - This Legal Agreement governs your access to and use of the Problems of the Week Subscription Services. Please print this agreement, sign below, and send it to us along with payment if you agree to be bound by the terms of this Agreement.

To agree to this Agreement and subscribe to the Subscription Services of the Problems of the Week, you must be a Parent or Guardian of a Student, or a Teacher, or otherwise at least 18 years old.

1. Agreement.

This Subscription Services Agreement is made between Drexel University ("Drexel", "we") on behalf of The Math Forum @ Drexel Problems of the Week ("Problems of the Week") and any person ("you", "Subscriber", "your") who completes the Registration process to subscribe to the Subscription Services of Problems of the Week. This Agreement shall apply to Subscriber and any Student/minor for whom Subscriber purchases the Services.

2. Services.

Drexel provides the Subscription Services of Problem of the Week such as the four Current Problems of the Week (Math Fundamentals Problem of the Week, Pre-Algebra Problem of the Week, Algebra Problem of the Week, and Geometry Problem of the Week); Active Problem Library access and submission; Priority Mentoring; and Scoring and Summary Feedback. See Schedule of Subscription Benefits and Services. Drexel delivers these Services through the Problems of the Week section of The Math Forum @ Drexel website ("Website", "Site").

3. Fees. The Fees are on the Pricing Guide, http://mathforum.org/pow/powcharges.html

a. Subscriber agrees to pay Drexel the applicable fees for the Subscription Services in the Registration Form (the "Subscription Fee") for the paid services of Problems of the Week.

b. If you do not pay the applicable fees when due, Drexel has the right to suspend the Services, and your right to use them, and may terminate this Agreement with you.

c. Taxes. You shall be responsible for the payment of all applicable taxes and governmental charges of all types that arise from the fees charged hereunder.

4. Subscriber's Representations and Warranties.

You represent and warrant to us that (a) you are at least 18 years old; (b) you have the right, power and authorization necessary to enter into and perform this Subscription Services Agreement; and (c) that you will obtain all necessary consents from the parents or guardians of Students that may be required to comply with Applicable Law, rule or authority for use, collection, transmission and storage of Personal Information on the Internet, and (d) that any payment or credit card information you supply is correct, that your financial institution or credit card company shall honor charges you incur, and you shall in turn pay those charges; and (e) that you shall grant access to the Subscription Services only to Students and others as authorized herein.

5. License to Use the Services. Permitted Uses.

a. Subject to the terms and conditions of this Agreement and upon payment of the applicable fees, Drexel grants you a non-exclusive, non-transferable license to access and use the Subscription Services solely for educational, research, scholarly, and personal uses for the Term of the Subscription Services.

b. Unless you have obtained separate express permission or license from Drexel, you may not use the Material (as defined in Paragraph 7 below), except for your own personal, educational, non-commercial use of the site, and in connection with the Subscription Services. See the Terms of Use for details on your rights to limited distribution of Material. You may not otherwise transmit, post, copy or redistribute, or use in any other way.

6. General Terms of Use and Privacy Policy applicable to The Math Forum @ Drexel Website.

a. Please read the separate Terms of Use and Privacy Policy posted on our Website for additional terms, as well as details on how you may use the Problems of the Week for such purposes as classroom use.

b. The Terms of Use and Privacy Policy apply to the Website as a whole and the Subscription Services where not inconsistent with this Agreement. If this Agreement, and the Terms of Use or Privacy Policy are in conflict regarding the Subscription Services for the Problems of the Week, then this Agreement shall govern.

7. Ownership of the Subscription Services and Website Content.

All content, organization, graphics, design, compilation, technology and other matters related to the Subscription Services and related Website content (individually and collectively "Material") are the property of Drexel, or its suppliers or contributors, and protected under applicable U.S. and international laws of copyright, trademark, and other proprietary rights, including but not limited to intellectual property rights.

8. Submissions.

You are responsible for any information or material you or your Students/minors submit for publication on the Website. You represent and warrant that you have all necessary permissions to submit such material, and that our use (including without limitation, to reproduce, display, distribute, modify or create collective works) is likewise permitted, and shall not infringe any third party rights.

9. No transfer or assignment.

Your right to use the Subscription Services is not transferable except to Students/minors on whose behalf you may be registering. Otherwise, any password or right given to you to obtain information or access is not transferable.

10. Links to Other Websites.

a. This Website may contain links to certain third-party sites. We do not operate or control those sites or the services or products they provide. You use those sites and the services at your own risk. IN ACCORDANCE WITH PARAGRAGPHS 12 AND 13 BELOW, WE DISCLAIM ALL warranties, liabilities and damages in connection with your use of such linked sites.

b. This Site also contains links to sites of Drexel University and its subsidiaries such as Drexel eLearning. You should make sure to review the Privacy and Legal Statements that specifically apply to those sites.

11. Term, Renewals, and Termination.

a. Term. This Subscription Agreement shall begin on the date of submission of the Registration Form and continue for the Subscription Period.

b. Termination. Either party may terminate this Agreement at any time for any reason. Upon termination or expiration, Subscriber and its Students or minors shall no longer have access or license to use the Subscription Services. Paragraphs 3, 4, 7, 8, 11(b), 12, 13, 14, 15, 16, and 17 shall survive termination of this Agreement.

12. DISCLAIMERS; EXCLUSION OF WARRANTIES; EXCLUSION OF DAMAGES; LIMITATION OF LIABILITY.

a. THIS WEBSITE IS PROVIDED ON AN "AS IS" BASIS, WITHOUT ANY WARRANTY WHATSOEVER.

b. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, ALL WARRANTIES, EXPRESS OR IMPLIED, (INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT) OF ANY OF THE DATA IN THE WEBSITE, OF DATA LINKED TO THE WEBSITE, OR OF SERVICES, PRODUCTS OR INFORMATION PROVIDED, ARE DISCLAIMED.

c. DREXEL DOES NOT WARRANT THAT CODE, CONTENT, FILES, ACCESS OR ANY COMBINATION OF THEM ARE FREE OF ERRORS, INTERRUPTIONS, VIRUSES OR CORRUPTIONS.

d. WITHOUT LIMITING THE ABOVE, DREXEL SHALL HAVE NO LIABILITY FOR RELIANCE ON INFORMATION ACCESSED THROUGH THE WEBSITE OR BY ANY OTHER MEANS, AND WHILE DREXEL TAKES STEPS TO PRESENT ACCURATE INFORMATION ABOUT PROBLEMS OF THE WEEK, DREXEL MAKES NO PROMISES THAT THE INFORMATION IS ACCURATE. FURTHER, DREXEL MAKES NO PROMISES THAT, THROUGH USE OF THE MATH FORUM @ DREXEL WEBSITE, AND THE SUBSCRIPTION SERVICES, USERS WILL GAIN ANY LEVEL OF COMPETENCE IN MATH OR MATH TEACHING. NO EMPLOYMENT RELATIONSHIP IS CREATED THROUGH USE OF THE WEBSITE OR SUBSCRIPTION SERVICES.

e. IN NO EVENT SHALL DREXEL, ITS SUBSIDIARIES, AFFILIATED ENTITIES, AGENTS, TRUSTEES, EMPLOYEES, DIRECTORS, OFFICERS, OR SUBCONTRACTORS HAVE ANY LIABILITY TO YOU OR ANY THIRD PARTY, FOR ANY DAMAGES WHATSOEVER ARISING OUT OF, OR IN CONNECTION WITH USE OF, THE WEBSITE, OR LINKS, SERVICES, PRODUCTS, OR INFORMATION OBTAINED THROUGH THE WEBSITE OR BY ANY OTHER MEANS, INCLUDING ANY DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL OR INCIDENTAL DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES FOR EDUCATIONAL MALPRACTICE, LOSS OF BUSINESS, LOST PROFITS, LOST SAVINGS, LITIGATION OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, INTELLECTUAL PROPERTY INFRINGEMENT, BREACH OF WARRANTY, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

f. THE TOTAL LIABILITY OF DREXEL AND ALL OTHERS INVOLVED IN THE PREPARATION AND DELIVERY OF THE SUBSCRIPTION SERVICES, THE CONTENT AND THE PROBLEMS OF THE WEEK SECTION OF THE WEBSITE, SHALL NOT EXCEED THE AMOUNT OF SUBSCRIPTION FEES PAID IN THE TERM DURING WHICH ANY SUCH CLAIM ARISES.

g. THE NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE AGREEMENT BETWEEN DREXEL AND YOU, THE SUBSCRIBER. WE WOULD NOT PROVIDE THESE SUBSCRIPTION SERVICES AND WEBSITE WITHOUT SUCH LIMITATIONS.

h. Some jurisdictions do not allow the exclusion or limitation of certain damages, so the previous paragraphs may not apply to you.

i. Without notice, and without liability, DREXEL may terminate or restrict access to The Math Forum @ Drexel Website.

13. Limitations of Remedies

a. YOUR SOLE REMEDY IF YOU HAVE A CLAIM BECAUSE OF YOUR USE OF THESE SUBSCRIPTION SERVICES AND WEBSITE IS TO STOP USING THE SERVICES AND SITE.

b. Some jurisdictions do not allow the exclusion or limitation of certain damages, so the previous paragraphs may not apply to you.

14. Release and Indemnity.

YOU HEREBY RELEASE AND WAIVE ANY AND ALL CLAIMS AND/OR LIABILITY AGAINST DREXEL, ITS SUBSIDIARIES, AFFILIATED ENTITIES, AGENTS, TRUSTEES, EMPLOYEES, DIRECTORS, OFFICERS, OR SUBCONTRACTORS ARISING FROM OR IN CONNECTION WITH YOUR USE OF THE SITE OR SUBSCRIPTION SERVICES. YOU ALSO AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS DREXEL, ITS SUBSIDIARIES, AFFILIATED ENTITIES, TRUSTEES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR SUBCONTRACTORS FROM AND AGAINST, ANY AND ALL CLAIMS, LIABILITY, LOSS, DAMAGES, AND COSTS, (INCLUDING REASONABLE ATTORNEYS' FEES), ARISING FROM YOUR USE OF THE SUBSCRIPTION SERVICES AND WEBSITE.

15. Applicable Law and Location of Dispute Resolution

The Subscription Services and Website are created, controlled, and distributed by Drexel, in the Commonwealth of Pennsylvania, USA. As such, the laws of the Commonwealth of Pennsylvania shall govern this Agreement, without giving effect to any principles of conflicts of laws. All claims and proceedings arising in connection with this Subscription Agreement shall be resolved in, and take place in Philadelphia, Pennsylvania.

16. Site for Use Only in the United States

This Site may only be used in accordance with all applicable laws. If you are accessing this Website from outside of the United States, you do so on your own initiative, and you are responsible to ensure compliance with the laws of the United States, (which include export control laws applicable to software), and the laws of your jurisdiction.

17. "Children's Online Privacy Protection" Act Compliance. Consent obtained; consent given.

Subscriber acknowledges that it is responsible for obtaining verifiable parental consent before allowing any child under 13 years old to participate in Subscription Services which include collection of personally identifiable information. Drexel may rely on the presumption that Subscriber has obtained the necessary consent, or if applicable, gives such consent by entering into this Agreement.

18. Refund Policy.

If you are not reasonably satisfied with the Subscription Services you receive, you may give us notice at the following address:

Subscription Services
Problems of the Week
The Math Forum @ Drexel
3210 Cherry Street
Philadelphia, PA 19104

We shall refund any unused portion of the Subscription Fees you have paid during the applicable Term. This Paragraph 18 sets forth your exclusive right to refund and return.

19. Privacy Statement

When you use the Subscription Services and The Math Forum @ Drexel Website, certain information will be collected. Our Privacy Policy posted on the Website sets out the how personal information is collected and used. The Privacy Policy terms apply to your use of Subscription Services and the Website, unless they are inconsistent with this Agreement, in which event this Agreement shall control.

20. Changes to this Subscription Agreement

We may make changes to the Problems of the Week section of The Math Forum @ Drexel Website, and this Subscription Agreement, and related The Math Forum @ Drexel Privacy Policy and Terms of Use. You should periodically review these. We shall deem your continued use of the Website and Subscription Services your acceptance to any such changes.

21. Contact Us.

If you have any questions about this Subscription Agreement, or The Math Forum @ Drexel Privacy Policy or Terms of Use, then please contact us at the address below.

Subscription Services
Problems of the Week
The Math Forum @ Drexel
3210 Cherry Street
Philadelphia, PA 19104

______________________________________________________________________________

YOU SHOW YOUR AGREEMENT OR DISAGREEMENT WITH THE TERMS OF THIS SUBSCRIPTION AGREEMENT THROUGH YOUR SIGNATURE BELOW.

(Remember, you must be at least 18 years old to legally enter into this Agreement and order the Services.

If you are not 18, then you must get your Teacher, Parent or Guardian to sign up for your use of the Subscription Services.)

Signature: ________________________________________________

Date: ______________

Please mail this agreement along with payment to the Subscription Services address given above.